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Section : Requirements for flexibility terms
Domain : Human Resource Management
Classification : Not Identified

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(4) The flexibility term must: (a) identify the terms of the modern award the effect of which may be varied by an individual flexibility arrangement; and (b) require that the employee and the employer genuinely agree to any individual flexibility arrangement; and (c) require the employer to ensure that any individual flexibility arrangement must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to; and (d) set out how any flexibility arrangement may be terminated by the employee or the employer; and (e) require the employer to ensure that any individual flexibility arrangement must be in writing and signed: (i) in all cases-by the employee and the employer; and (ii) if the employee is under 18-by a parent or guardian of the employee; and (f) require the employer to ensure that a copy of any individual flexibility arrangement must be given to the employee. (5) Except as required by subparagraph (4)(e)(ii), the flexibility term must not require that any individual flexibility arrangement agreed to by an employer and employee under the term must be approved, or consented to, by another person.

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